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200802746
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4/2/2008 8:37:11 AM
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4/2/2008 8:37:11 AM
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DEEDS
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200802746
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<br /> '=" .-.... <br /> (":'.:-., <") (.fl m <br /> ~, ~ ~ c;;;:" <br /> n;-g 0(") '-..., Og o -I O2 <br /> ~ ffi~ r~ :n c:: 1> r"\)rM <br /> :z:-I <br /> ::t:.5 n Z n::t ~~ -0 -f rn O~ <br /> A :;:0 -<0 <br /> l;Io :t:~O 00 <br />N rn $!I o "'T') <br />0 <:'"""='\ ncn ..,.., I-" "'z CO~ <br />18 C'__ . ~X r ::::r: fTl <br />(Xl :;s-- 0 C)Z <br /> rn -u ;t> co <br />G - F rn :3 r XI r"\)~ <br />N .+- -- I:-':) r 1> <br />rt -....-- <br />-.....J - -- (j) (.fl :0 <br />.j:::. %'i 4: ;:><; -..J c::: <br />0') ;t> ....t:5: <br /> .-+-+-. -C ",--",,':~ m <br /> en (fl cn~ <br /> ..... Ui <br /> ~ Z <br /> rl- a <br /> 1- <br /> TOP PORTION FOR USE BY THE OFFICE OF THE REGISTER OF DEEDS ONLY. <br /> ~5.50 <br /> FARM LEASE AGREEMENT <br /> <br /> <br /> <br />This Farm Lease Agreement is entered into this 1 'S i- day of At""''' I , 2008 between Dale <br />A. Whitefoot, as Trustee of The Dale A. Whitefoot Trust ~d by the Revocable <br />Living Trust Agreement dated February 7, 1994, hereinafter referred to as "Owner", and <br />Phillip Dibbern and Mark Dibbern, jointly and severally, hereinafter referred to as <br />"Tenant". <br /> <br />1. THE PROPERTY. The property which is the subject of this Agreement is legally <br />described as follows: <br /> <br />East Ten (10) acres of the Southwest Quarter of the Southeast Quarter (SW % <br />SE %) of Section Twenty-eight (28), Township Ten (10) North, Range Twelve <br />(12) West of the 6th p.m. in Hall County, Nebraska; <br /> <br />Southeast Quarter of the Southeast Quarter (SE % SE %) of Section Twenty- <br />eight (28), Township Ten (10) North, Range Twelve (12) West of the 6th p.m. and <br />that part of the Northeast Quarter (NE %) located North of the right-of-way of <br />Union Pacific Railroad Company and U.S. Highway No. 30 in Section Thirty- <br />three (33), Township Ten (10) North, Range Twelve (12) West of the 6th p.m. in <br />Hall County, Nebraska. <br /> <br />The West thirty (30) acres of the Southwest Quarter of the Southeast Quarter <br />(SW % SE %) in Section Twenty-Eight (28), Township Ten (10) North, Range <br />Twelve (12) West of the 6th P.M. in Hall County, Nebraska. <br /> <br />2. AGREEMENT TO LEASE. The Owner agrees to lease to Tenant and Tenant <br />agrees to lease from Owner the property for the term and under the covenants and <br />considerations hereinafter set forth. <br /> <br />3. TERM. The property is hereby leased by Owner to the Tenant for a term <br />commencing March 1, 2008 to February 28, 2009. <br /> <br />4. RENT. Tenant agrees to pay as rentals for the term cash rent in the total <br />amount of Twenty Six Thousand Five Hundred Ninety Two Dollars and Fifty Cents <br />($26,592.50) due and payable on January 1, 2009. This rental payment is based upon <br />96.7 acres at $275.00 per acre. If, however, at any time during 2008 the price of corn <br />reaches $5.95 per bushel according to the Cargill Elevator in either Shelton or Wood <br />River, Nebraska, then the rentals for the term shall increase to $300.00 per acre on <br />96.7 acres for a total rental amount due of Twenty Nine Thousand Ten Dollars <br />($29,010.00). Owner shall notify Tenant in writing if and when the price of corn reaches <br />5, q <,:' ~ per bushel then putting him on notice of the increased rental payment. Payment <br />of the rent shall be by bank draft or cashiers check made payable to: Dale A. <br />Whitefoot, as Trustee of the Dale A. Whitefoot Revocable Trust. Any unpaid balance of <br />rental from and atter the due date shall draw interest at the rate of 16% per month. <br /> <br />5. OPERATIONAL EXPENSES. The Tenant shall furnish and provide all of their <br />own irrigation pipe and equipment. The Tenant shall assume all daily maintenance of <br />irrigation equipment. The Tenant shall supply all the equipment for planting and <br />harvesting of the crops. The Tenant shall furnish all labor and expenses for the <br />operation of the farm. The Tenant shall be responsible for the costs for the purchase <br />and application of all fertilizer, insecticides and herbicides. Major repairs to the <br />
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